What happens if a Chocolate Bash franchisee does not follow CB Franchising's reasonable instructions for de-identification?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall comply with any reasonable instructions and procedures of CB Franchising for de-identification.
If Franchisee fails to do so within 30 days after this Agreement expires or is terminated, CB Franchising may enter the Location to remove the Marks and de-identify the Location.
In this event, CB Franchising will not be charged with trespass nor be accountable or required to pay for any assets removed or altered, or for any damage caused by CB Franchising.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to Chocolate Bash's 2024 Franchise Disclosure Document, franchisees are responsible for de-identifying their location within 30 days of termination or expiration of the franchise agreement. This means removing all Chocolate Bash branding, signage, and trade dress to CB Franchising's satisfaction. The franchisee bears the expense of this de-identification process.
If a Chocolate Bash franchisee fails to de-identify the location within the specified 30-day period, CB Franchising has the right to enter the location and remove the branding and de-identify it themselves.
In the event that Chocolate Bash enters the location to de-identify it, the franchisee will not be able to hold CB Franchising liable for trespass or require them to pay for any assets removed or altered during the process. Furthermore, Chocolate Bash will not be held responsible for any damages caused during the de-identification process. This clause protects CB Franchising from any legal repercussions or financial obligations related to the removal of their branding from a former franchise location.